16 U.S. Code § 6572 - Eligibility and enrollment of lands in program

The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.

(b) EligibilityTo be eligible for enrollment in the healthy forests reserve program, land shall be—

(1)

private land the enrollment of which will restore, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endangered or threatened under section 1533 of this title; and

(2) private land the enrollment of which will restore, enhance, or otherwise measurably improve the well-being of species that—

are candidates for such listing, State-listed species, or special concern species.

(c) Other considerationsIn enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will—

(1)

improve biological diversity; and

(2)

increase carbon sequestration.

(d) Enrollment by willing owners

The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.

(e) Methods of enrollment

(1) Authorized methodsLand may be enrolled in the healthy forests reserve program in accordance with—

(A)

a 10-year cost-share agreement;

(B)

a 30-year easement; or

(C)

(i)

a permanent easement; or

(ii)

in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.

(2) Limitation on use of cost-share agreements and easements

(A) In generalOf the total amount of funds expended under the program for a fiscal year to acquire easements and enter into cost-share agreements described in paragraph (1)—

(i)

not more than 40 percent shall be used for cost-share agreements described in paragraph (1)(A); and

(ii)

not more than 60 percent shall be used for easements described in subparagraphs (B) and (C) of paragraph (1).

(B) Repooling

The Secretary may use any funds allocated under clause (i) or (ii) of subparagraph (A) that are not obligated by April 1 of the fiscal year for which the funds are made available to carry out a different method of enrollment during that fiscal year.

are candidates for such listing, State-listed species, or special concern species.

(2) Cost-effectiveness

The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended.

2008—Subsecs. (e) to (g). Pub. L. 110–246, § 8205(a), added subsec. (e), redesignated subsec. (g) as (f), and struck out former subsecs. (e) and (f) which related to maximum number of enrolled acres and methods of enrollment.